Workers’ Comp Lawyer
Our workers’ comp lawyer wants victims of work-related accidents to know that two different legal claims may arise from a workplace accident: workers’ compensation and third-party claims. Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill due to their job. Third-party claims, conversely, are lawsuits brought against a person or entity other than the employer, who is responsible for the injury or illness. Because of the complexities surrounding the workers’ comp system, our team from Hurwitz, Whitcher & Molloy recommends that accident victims speak with a legal professional to learn more about how best to move forward.
Workers’ Compensation
Workers’ compensation is a no-fault system, meaning an employee does not need to prove that their employer was negligent or at fault for their injury or illness. Instead, the accident victim must show that injury or illness has occurred throughout their employment. Victims can access these benefits, but in exchange, they waive their right to seek legal action against their employer for damages. This system was put into place to ensure that victims receive much-needed benefits and that employers are protected from financial ruin. Workers’ comp benefits can typically include medical expenses, lost wages, and disability benefits. Medical expenses include all reasonable and necessary medical treatment related to the work-related injury or illness. Lost wages may consist of temporary total disability, which is paid when an employee cannot work because of injury or illness. Disability benefits may include permanent partial disability or permanent total disability, which are paid when an employee has a permanent impairment or cannot return to work.
Third-Party Claims
While workers’ comp disqualifies an employee from filing a claim against their employer, it’s crucial to be aware that other options exist when seeking compensation for damages. Third-party claims are brought against a person or entity other than the employer. These claims may arise when someone other than the employer was negligent or at fault for the injury or illness. For example, if an employee is injured while using a defective piece of equipment, they may be able to bring a third-party claim against the equipment manufacturer. Similarly, if an employee is injured in a car accident while on the job, they may be able to bring a third-party claim against the driver who caused the accident.
Third-party claims allow the injured worker to recover damages that stem beyond the benefits available through workers’ comp. Damages may include pain and suffering, lost wages, medical expenses, and future medical expenses. However, the injured employee must prove that the third party was negligent or at fault for their injury or illness.
Pursuing a third party-claim will not impact the ability to access workers’ comp benefits. These benefits are available regardless of whether the employee brings a third-party claim. However, suppose an employee recovers damages in a third-party claim. In that case, the employer may be entitled to a lien on those damages to recover the cost of workers’ compensation benefits that were paid.
The workers’ com and third-party claims process can become highly convoluted, so help from a lawyer with experience in this area of practice is imperative when moving forward. It is vital for employees who are injured or become ill as a result of their job to consult with an experienced workers’ compensation lawyer. A legal professional can help the employee navigate the legal process and ensure they receive all the benefits they are entitled to under the law.
Workers’ compensation and third-party claims are two different legal claims that may arise after a workplace accident or injury. While workers’ comp benefits employees who become ill on the job, third-party claims are lawsuits brought against another person or entity (other than their employer) who may have been negligent. To fully understand the available options, injured workers should consult with a lawyer to ensure they receive all the benefits they are entitled to under the law.